Articles Posted in Politics

Cornell Law professor Michael C. Dorf discusses the actions taken by Donald Trump shortly after his inauguration, focusing on his disregard for democratic norms and the potential legal violations involved, particularly highlighting the removal of security details from political adversaries like Mike Pompeo, John Bolton, and Anthony Fauci. Professor Dorf argues that these decisions reflect Trump’s vengeful and autocratic tendencies, likening his behavior to that of a dictator or crime boss, and warning of the broader implications for democratic governance and personal safety of those perceived as his enemies.

University of Toronto visiting law professor and economist Neil H. Buchanan discusses the disconnect between Donald Trump’s campaign promises, particularly regarding consumer prices, and the subsequent actions and attitudes of his administration and supporters following his second election win. Professor Buchanan argues that Trump’s voters are not misled by economic grievances but are rather motivated by deeper ideological convictions, particularly concerning race and identity, leading them to support policies and rhetoric aligned with their beliefs despite the apparent abandonment of campaign promises.

University of Toronto visiting law professor and economist Neil H. Buchanan discusses the disregard for legal and constitutional norms demonstrated by Donald Trump and supported by figures like Senator Lindsey Graham, as well as the co-opting of religious and patriotic ideals by the political right for partisan gain. Professor Buchanan argues that the defense of Trump’s actions undermines democratic principles and shared cultural values, and he highlights the disturbing alignment of some religious leaders with Trump’s divisive rhetoric despite their religion’s traditional teachings of compassion and unity.

Attorney Lauren Stiller Rikleen discusses the media’s response to Donald Trump’s executive orders at the start of his administration and their connection to Project 2025, a comprehensive plan to restructure the federal government. Ms. Rikleen argues that the media has failed on two fronts: by not adequately covering Project 2025’s blueprint for dismantling government institutions, and by reflexively framing valid democratic concerns as partisan fights, which “gives the advantage to those seeking to undermine democracy and weakens the function of journalism as a bulwark for a free society.”

Amherst professor Austin Sarat discusses various contenders for the “worst legal decision of 2024,” including Supreme Court rulings on presidential immunity and controversial death penalty cases, before ultimately focusing on Trump’s nomination of Matt Gaetz for Attorney General. Professor Sarat argues that the Gaetz nomination was the year’s worst legal decision because it demonstrated Trump’s contempt for the rule of law and signaled his intention to transform the Justice Department into a personal defense operation based on loyalty rather than legal principles, even after Gaetz’s withdrawal and replacement by Pam Bondi.

UNLV Boyd School of Law professor Leslie C. Griffin revisits the “October Surprise,” a theory alleging that the Reagan/Bush campaign in 1980 covertly negotiated with Iran to delay the release of American hostages until after Ronald Reagan’s election, thereby undermining President Jimmy Carter’s re-election efforts. Professor Griffin, reflecting on Craig Unger’s

Cornell Law professor Michael C. Dorf examines three recent events in American politics and justice: the House Republicans’ report targeting Liz Cheney, Fani Willis’s removal from the Georgia case against Donald Trump, and Judge Michael Ponsor’s reprimand for criticizing Justice Samuel Alito. Professor Dorf argues that these incidents represent a troubling pattern where those who attempt to hold powerful figures accountable face punishment and humiliation, while the primary wrongdoers face few or no consequences.

Cornell professor Joseph Margulies discusses a writing exercise created by award-winning writer and teacher Rachel Kadish that asks students to write from the perspective of someone expressing views they find abhorrent, connecting this practice to broader issues of societal division and empathy. Professor Margulies argues that consciously attempting to understand others’ perspectives and behaviors before passing judgment—even when their actions are deplorable—is essential for reducing social polarization and recognizing our shared humanity.

Amherst professor Austin Sarat discusses President-Elect Donald Trump's nomination of Pam Bondi and Kash Patel as potential attorney general and FBI Director, respectively, in his upcoming administration. Professor Sarat argues that these appointments signal Trump’s intention to weaponize the Justice Department and FBI for political revenge, warning that Hunter Biden’s allegedly unfair prosecution could become commonplace for Trump’s opponents if Bondi and Patel are confirmed to these positions.

Cornell professor Joseph Margulies analyzes a statement by Senator Ron Wyden criticizing Trump’s Treasury Secretary nominee Scott Bessent, using it as a case study to examine modern political discourse. Professor Margulies argues that instead of engaging in substantive policy discussions about important economic issues like tariffs and deportation, political figures and media often resort to simplistic character attacks and inflammatory rhetoric, contributing to a culture of unthinking political animosity.

Cornell professor Joseph Margulies discusses his growing alienation from American society due to its increasing cultural fixation on blame, ostracism, and divisive binary thinking, particularly in politics and public discourse. Professor Margulies argues for rejecting this culture of “othering” and demonization, instead advocating for thoughtful dialogue across ideological differences, even while holding and expressing strong opinions on controversial issues like capital punishment and Guantanamo Bay.

Amherst professor Austin Sarat examines how the 22nd Amendment’s presidential term limits, originally passed to prevent another FDR-style extended presidency, affects second-term Presidents in general and Donald Trump’s anticipated second term in particular. Professor Sarat argues that term limits can paradoxically enable presidential overreach by freeing second-term Presidents from electoral accountability, suggesting this could be especially concerning in Trump's case given his stated plans to expand executive power.

Amherst professor Austin Sarat discusses how progressives should reconsider their traditional opposition to states’ rights (federalism) and the Senate filibuster in light of Donald Trump’s recent electoral victory. Professor Sarat argues that despite progressives’ historical criticism of these mechanisms, they should now embrace both federalism and the filibuster as valuable tools to resist and limit Trump’s agenda, just as they did during his first administration.

University of Pennsylvania professor Marci A. Hamilton analyzes three key outcomes for the religious right following Election Day: their diminishing control over abortion policy, their continued success in “othering” certain groups (particularly LGBTQ+ individuals), and their unexposed agenda regarding children's rights and education. Professor Hamilton argues that while the religious right has lost ground on abortion rights due to successful state ballot measures and Trump’s apparent abandonment of their stance, they continue to wield significant influence through their campaign against LGBTQ+ rights and could pose future threats through their lesser-known initiatives to weaken child labor laws, compulsory education, and vaccination requirements.

University of Toronto visiting law professor and economist Neil H. Buchanan discusses the practical realities and challenges of Americans considering emigration in response to concerning political developments, particularly following recent election results. Professor Buchanan, who himself emigrated, argues that while the desire to leave may be legitimate, actually relocating abroad is a realistic option for very few people due to the expensive and complex immigration process, increasingly restrictive immigration policies worldwide (even in traditionally welcoming countries like Canada), and practical limitations in destination countries’ abilities to absorb large numbers of immigrants.

Cornell Law professor Michael C. Dorf analyzes the eight possible outcomes of today’s U.S. federal elections (based on whether Democrats or Republicans win control of the presidency, Senate, and House) and their implications for governance. Professor Dorf contrasts how unified government enables major legislation with how divided government limits policy changes, while emphasizing an asymmetric risk: Republican control of even one chamber could enable them to challenge a Harris victory or force a debt ceiling crisis, making Democratic control of at least one chamber essential for a potential Harris presidency to function.

Amherst professor Austin Sarat analyzes the contrasting decision-making styles and presidential temperaments of Kamala Harris and Donald Trump, as highlighted by Harris’s recent CNN Town Hall appearance. Professor Sarat argues that while Harris’s careful, pragmatic, and “boring” approach to leadership may lack charisma, it would be far preferable to Trump’s impulsive, inattentive, and narcissistic style that would make him dangerous in the role of President.

Amherst professor Austin Sarat discusses President Biden’s recent controversial comment calling Trump supporters “garbage” and its impact on Vice President Harris’s presidential campaign, set against a broader context of inflammatory political rhetoric from both parties. Professor Sarat argues that Harris should forcefully denounce Biden’s remarks to both benefit her campaign and uphold democratic values, rather than merely distancing herself from the President.

Lauren Stiller Rikleen examines Project 2025’s proposals for presidential power in light of Senator Whitehouse’s report “Unworthy of Reliance,” which details how the Trump administration constrained the FBI’s 2018 supplemental investigation into sexual assault allegations against Supreme Court nominee Brett Kavanaugh. Ms. Rikleen argues that the Kavanaugh confirmation process, where the White House secretly limited the FBI’s investigation while publicly claiming it had “free rein,” serves as a real-world example of how Project 2025’s vision of presidential control over independent agencies has already been implemented and threatens American democracy.

Former federal prosecutor Dennis Aftergut discusses the potential economic and institutional dangers of a second Trump presidency, drawing parallels between authoritarian kleptocracies throughout history and Trump's demonstrated patterns of behavior. Mr. Aftergut argues that Trump’s return to power would threaten not only democratic freedoms (as warned by former officials like General John Kelly) but also Americans’ financial well-being through systemic corruption and self-enrichment, with no remaining “guardrails” of principled advisors to constrain such behavior.